Month: September 2020

Farm Science Review Goes Virtual

the Farm Science Review is virtual this year.  To access the show follow this link https://fsr.osu.edu/  Farm Science Review staff and OSU Extension Educators have been working diligently to host the virtual farm science review.  I encourage you to check out the page and see the amazing line up of live and pre-recorded talks.

2020 FSR Gwynne Conservation Area Presentation Schedule. We have a full line-up of talks covering tree ID, invasive species, soil health, grazing management, invasive species control, tree ID, pond management, recreational lease hunting, pollinators and other beneficial insects, bats, owls, snakes, paw-paws, ginseng, and more.

There will also be Ask the Expert Sessions with topics ranging from Backyard Poultry Health, Farm Stress, Weather, Farm Neighbor Laws and much more. Here is the complete line up for the three days.

Tuesday through Thursday of the review, there will be one live webinar every day, starting at 10:30 am. Each day will also feature a one-hour Q&A session with natural resources and Extension professionals at 1 pm.

Governor signs Ohio coronavirus immunity bill

Source: Peggy Kirk Hall, OSU

What does H.B. 606 mean for agricultural businesses?

The new law provides certainty that agricultural businesses won’t be assailed by lawsuits seeking damages for COVID-19.  A person claiming harm from exposure to COVID-19 at an agricultural business will only be successful upon a showing that the business acted recklessly and with intentional disregard or indifference to the possibility of COVID-19.  That’s a high evidentiary standard and burden of proof for a claimant. 

It took five months of negotiation, but the Ohio General Assembly has enacted a controversial bill that grants immunity from civil liability for coronavirus injuries, deaths, or losses. Governor DeWine signed House Bill 606 on September 14, stating that it strikes a balance between reopening the economy and keeping Ohioans safe.  The bill will be effective in 90 days.

The bill’s statement of findings and declaration of intent illustrate why it faced disagreement within the General Assembly.  After stating its findings that business owners are unsure of the tort liability they may face when reopening after COVID-19, that businesses need certainty because recommendations on how to avoid COVID-19 change frequently, that individuals who decide to go out in public places should bear responsibility for taking steps to avoid exposure to COVID-19, that nothing in existing Ohio law established duties on business and premise owners to prevent exposure to airborne germs and viruses, and that the legislature has not delegated authority to Ohio’s Executive Branch to create new legal duties for business and premises owners, the General Assembly made a clear declaration of intent in the bill:  “Orders and recommendations from the Executive Branch, from counties and local municipalities, from boards of health and other agencies, and from any federal government agency do not create any new legal duties for purposes of tort liability” and “are presumed to be irrelevant to the issue of the existence of a duty or breach of a duty….and inadmissible at trial to establish proof of a duty or breach of a duty in tort actions.”

The bill’s sponsor, Rep. Diane Grendell (R-Chesterland), refers to it as the “Good Samaritan Expansion Bill.”  That name relates to one of the two types of immunity in the bill, a temporary qualified immunity for coronavirus-based claims against health care providers.  In its original version of H.B. 606, the House of Representatives included only the health care immunity provisions.  Of interest to farms and other businesses are the bill’s general immunity provisions, however, added to the final legislation by the Senate.

General immunity from coronavirus claims

The new law will prohibit a person from bringing a civil action that seeks damages for injury, death or loss to a person or property allegedly caused by exposure to or transmission of coronavirus, with one exception.  The civil immunity does not apply if the exposure to or transmission of coronavirus resulted from a defendant’s “reckless conduct,” “intentional misconduct,” or “willful or wanton misconduct.”  “Reckless conduct” means disregarding a substantial and unjustifiable risk that conduct or circumstances are likely to cause exposure to or transmission of coronavirus and having “heedless indifference” to the consequences.

Government guidelines don’t create legal duties

Consistent with the bill’s stated intent, the new law clarifies that a claimant cannot assert liability based on a failure to follow government guidelines for coronavirus.  The law states that any government order, recommendation or guideline for coronavirus does not create a duty of care that can be enforced through a civil cause of action.  A person may not admit such orders and guidelines as evidence of a legal right, duty of care or new legal cause of action.

No class actions

Continue reading Governor signs Ohio coronavirus immunity bill →

Noxious weeds on your property: what is your responsibility?

Source: Ellen Essman, OSU

Despite the fact that “pumpkin spice” everything is back in stores, it is still summer, and if you’re anything like me, you’re still dealing with weeds. In fact, we have been receiving many questions about noxious weeds lately.  This blog post is meant to be a refresher about what you should do if noxious weeds sprout up on your property.

What are noxious weeds?

The Ohio Department of Agriculture (ODA) is in charge of designating “prohibited noxious weeds.”  The list may change from time to time, but currently, noxious weeds include:

  • Shatter cane (Sorghum bicolor)
  •  Russian thistle (Salsola Kali var. tenuifolia).
  • Johnsongrass (Sorghum halepense ).
  •  Wild parsnip (Pastinaca sativa).
  • Grapevines (Vitis spp.), when growing in groups of one hundred or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years.
  • Canada thistle (Cirsium arvense ).
  • Poison hemlock (Conium maculatum).
  •  Cressleaf groundsel (Senecio glabellus).
  • Musk thistle (Carduus nutans).
  • Purple loosestrife (Lythrum salicaria).
  • Mile-A-Minute Weed (Polygonum perfoliatum).
  • Giant Hogweed (Heracleum mantegazzianum).
  • Apple of Peru (Nicandra physalodes).
  • Marestail (Conyza canadensis)
  • Kochia (Bassia scoparia).
  • Palmer amaranth (Amaranthus palmeri).
  • Kudzu (Pueraria montana var. lobata).
  • Japanese knotweed (Polygonum cuspidatum).
  • Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.
  • Field bindweed (Convolvulus arvensis).
  • Heart-podded hoary cress (Lepidium draba sub. draba).
  • Hairy whitetop or ballcress Lepidium appelianum).
  • Perennial sowthistle (Sonchus arvensis).
  • Russian knapweed (Acroptilon repens).
  • Leafy spurge (Euphorbia esula).
  • Hedge bindweed (Calystegia sepium).
  • Serrated tussock (Nassella trichotoma).
  • Columbus grass (Sorghum x almum).
  • Musk thistle (Carduus nutans).
  • Forage Kochia (Bassia prostrata).
  • Water Hemp (Amaranthus tuberculatus).

The list of noxious weeds can be found in the Ohio Administrative Code section 901:5-37-01. In addition to this list, Ohio State has a guidebook that will help you identify noxious weeds in Ohio, which is available here.  It may be helpful to familiarize yourself with the weeds in the book, so you can be on the lookout for noxious weeds on your property.

When am I responsible for noxious weeds?

The Ohio Revised Code addresses noxious weeds in different parts of the code. When it comes to noxious weeds on the property of private individuals, there are two scenarios that may apply: noxious weeds on private property, and noxious weeds in line fence rows.

Noxious weeds on your property

If your property is located outside of a municipality, a neighbor or another member of the public can inform the township trustees in writing that there are noxious weeds on your property. If this happens, the township trustees must then turn around and notify you about the existence of noxious weeds. After receiving a letter from the trustees, you must either destroy the weeds or show the township trustees why there is no need for doing so. If you do not take one of these actions within five days of the trustees’ notice, the township trustees must cause the weeds to be cut or destroyed, and the county auditor will assess the costs for destroying the weeds against your real property taxes.  If your land is in a municipality, similar laws apply, but you would be dealing with the legislative authority, like the city council, instead of township trustees.

What if you rent out your land out to be farmed or otherwise?  Are you responsible for noxious weeds on your property in that situation?  The answer is probably.  The law states that the board of township trustees “shall notify the owner, lessee, agent, or tenant having charge of the land” that they have received information about noxious weeds on the property (emphasis added).  Furthermore, the law says that the “person notified” shall cut or destroy the weeds (or have them cut or destroyed).  In all likelihood, if you own the land, you are going to be the person who is notified by the trustees about the presence of weeds.  If you rent out your property to be farmed or otherwise, you may want to include who is responsible for noxious weeds in the language of the lease.

Noxious weeds in the fence row

The “line fence law” or “partition fence law” in Ohio requires landowners in unincorporated areas to cut all noxious weeds, brush, briers and thistles within four feet and in the corners of a line fence. A line fence (or partition fence) is a fence that is on the boundary line between two properties. If you fail to keep your side of the fence row clear of noxious weeds and other vegetation, Ohio law provides a route for adjacent landowners concerned about the weeds. First, an adjacent landowner must request that you clear the fence row of weeds and must allow you ten days to do so. If the weeds still remain after ten days, the complaining landowner may notify the township trustees of the situation. Then, the township trustees must view the property and determine whether there is sufficient reason to remove weeds and vegetation from the fence row. If they determine that the weeds should be removed, the township trustees may hire someone to clear the fence row.  Once again, if this occurs, the county auditor will assess the costs of destruction on your property taxes.

Being aware of noxious weeds is key. 

As a landowner, it is really important for you to keep an eye out for noxious weeds on your property.  If you keep on top of the weeds, cutting them or otherwise destroying them as they grow, it will certainly make your life a lot easier. You will avoid awkward conversations with neighbors, letters from your township trustees, and extra charges on your property taxes. Additionally, you will help to prevent the harm that noxious weeds may cause to crops, livestock, and ecosystems in general.

To learn more about Ohio’s noxious weed laws, you can access our law bulletin on the subject here.  While the bulletin addresses the responsibilities of landowners, it also goes beyond the scope of this blog post, addressing weeds on roadways, railroads, and public lands, as well as how to respond if your neighbor has noxious weeds on their property.  Additionally, the bulletin has a helpful section of “frequently asked questions” regarding noxious weeds.

Burndown Herbicides for No-till Wheat

Source:  Mark Loux, OSU

Herbicide options for burndown of existing weeds prior to planting of no-till wheat include glyphosate, Gramoxone, Sharpen, and dicamba.  Among these, the combination of glyphosate and Sharpen probably provides the best combination of efficacy on marestail, flexibility in application timing and residual control.  Dicamba labels have the following restriction on preplant applications – “allow 10 days between application and planting for each 0.25 lb ai/A used”.  A rate of 0.5 lb ai/A would therefore need to be applied at least 20 days before planting.  We do not know of any 2,4-D product labels that support the use of 2,4-D prior to or at the time wheat planting.  There is some risk of stand reduction and injury to wheat from applications of 2,4-D too close to the time of planting.  Liberty and other glufosinate products are also not labeled for use as a burndown treatment for wheat.  Sharpen should provide limited residual control of winter annuals that emerge after herbicide application, and the rate can be increased from 1 to 2 oz/A to improve the length of residual.  Gramoxone should also effectively control small seedlings of marestail and other winter annuals.  Be sure to use the appropriate adjuvants with any of these, and increase spray volume to 15 to 20 gpa to ensure adequate coverage with Sharpen or Gramoxone.

There are several effective postemergence herbicide treatments for wheat that can be applied in November to control these weeds, in fields where preplant burndown treatments are not used.  The most effective postemergence treatments include Huskie, Quelex, or mixtures of dicamba with either Peak, tribenuron (Express etc), or a tribenuron/thifensulfuron premix (Harmony Xtra etc).  We discourage application of 2,4-D to emerged wheat in the fall due to the risk of injury and yield reduction.

Register now-Foodpreneur School Coaching Sessions

Foodpreneur Coaching: Crafting a Blueprint to Grow Your Food and Farm Business

 The CFAES Center for Cooperatives is working to help businesses keep things moving forward in these difficult times. Marketing is a key aspect to maintaining or growing any business, including food and farm businesses.

The CFAES Center for Cooperatives, OSU Extension Direct Food & Agricultural Marketing Team, and Ohio Farm Bureau in Ross, Hocking, Fairfield, and Pickaway counties are hosting a virtual interactive experience for small and medium food entrepreneurs who are eager to grow their businesses. Foodpreneur School Coaching will give attendees an opportunity to engage with experts in marketing and promoting their local food and farm products, and more, to help them learn strategies to meet their growth goals. This educational opportunity will cover marketing locally raised meat, increasing produce sales, and promoting local food and farm retail products.

Foodpreneur School Coaching sessions will all be held online and will be offered over a span of three weeks with each session held on a Tuesday evening. The cost to attend the Foodpreneur School Coaching is $20 per session for Farm Bureau members, and $25 per session for non-Farm Bureau members. There is a separate registration for each session. We encourage early registration; each session will have a limited number of seats available. To learn more, go to https://cooperatives.cfaes.ohio-state.edu/events or see the postcard below and attached.

To register for the Foodpreneur School Coaching you can go to go.osu.edu/foodschool2020.

For additional information you may contact Charissa Gardner at gardner.1148@osu.edu.

Spot the Spot – Efforts Continue to Look For Spotted Lanternfly (SLF) in Ohio

Authors: Amy Stone , Thomas deHaas
Published on:
Spotted Lanternfly Adult
Recently, an Ohioan returned from a road trip to Pennsylvania. In addition to all the memories made, this traveler unintentionally brought back a hitch-hiker – a spotted lanternfly (Lycorma delicatula) (SLF). The individual quickly captured and ended the insect’s life before reaching out to his local Extension Educator. The suspect sample was submitted to the Ohio Department of Agriculture (ODA) for confirmation based on the USDA protocol established to confirm non-native pests not currently established, or with limited presence in the case of Asian Longhorned beetle, in the state.
SLF is well-known for its ability to hitch-hike into a new area within an already infested state, or in the case of Ohio, a state that is currently considered uninfested. If you are traveling to, or through, and infested area, you are encouraged to check your vehicle and any items that may have been outdoors during the trip (i.e., tents, camping supplies, recreational equipment). It is important to know that states have quarantines in place to limit the unnatural spread of SLF both within their state and other states and includes both any stage of the actual insect and any item that could move the insect (i.e., plant material, firewood, logs, outdoor furniture).

Continue reading Spot the Spot – Efforts Continue to Look For Spotted Lanternfly (SLF) in Ohio →

Do Cover Crops Need Fertilizer?

 

Christine Gelley, OSU Extension Educator ANR, Noble County

At A Glance:
The benefits of utilizing cover crops in both grazing and agronomic crop production are numerous. However, each cover crop system is unique. There is no blanket “yes” or “no” answer to the question- Do cover crops need fertilizer?

Incorporating Cover Crops
Each farm is different and therefore the way you use cover crops can differ too. Whether you are a row crop farmer, a fruit and vegetable grower, exclusively in the hay business, a livestock manager, or involved in a combination of pursuits, cover crops can be an added benefit to your system.

Continue reading Do Cover Crops Need Fertilizer? →

Selling meat from your farm

By:Alayna DeMartini- SEPT. 8, 2020

COLUMBUS, Ohio—More and more Ohio livestock producers are selling their meat directly to consumers through farmers markets or online.

That’s because consumers are increasingly valuing locally produced food and having a relationship with the farmer who raised it.

(Photo: Getty Images)

And the profit margin for farmers can certainly be higher than selling livestock to a company that processes and packages it for grocery stores.

But direct marketing of any product comes with challenges.

“Figuring out what consumers want is important,” said Garth Ruff, beef cattle field specialist with Ohio State University Extension, the outreach arm of The Ohio State University College of Food, Agricultural, and Environmental Sciences (CFAES).

Continue reading Selling meat from your farm →